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Articles 1 - 11 of 11
Full-Text Articles in Law
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …
Incarceration American-Style, Sharon Dolovich
Incarceration American-Style, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating—that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of …
How (Not) To Think Like A Punisher, Alice G. Ristroph
How (Not) To Think Like A Punisher, Alice G. Ristroph
Georgetown Law Faculty Publications and Other Works
This article examines the several and sometimes contradictory accounts of sentencing in proposed revisions to the Model Penal Code. At times, sentencing appears to be an art, dependent upon practical wisdom; in other instances, sentencing seems more of a science, dependent upon close analysis of empirical data. I argue that the new Code provisions are at their best when they acknowledge the legal and political complexities of sentencing, and at their worst when they invoke the rhetoric of desert. When the Code focuses on the sentencing process in political context, it offers opportunities to deploy both practical wisdom and empirical …
What To Do About The Torturers?, David Cole
What To Do About The Torturers?, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Can Our Shameful Prisons Be Reformed?, David Cole
Can Our Shameful Prisons Be Reformed?, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Exporting Harshness: How The War On Crime Helped Make The War On Terror Possible, James Forman Jr.
Exporting Harshness: How The War On Crime Helped Make The War On Terror Possible, James Forman Jr.
Georgetown Law Faculty Publications and Other Works
This Essay responds to a consensus that has formed among many opponents of the Bush administration’s prosecution of the war on terror. The consensus narrative goes like this: America has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system’s expansive protections. Since September 11, 2001, President Bush, Vice President Cheney, former Defense Secretary Rumsfeld, and their allies have dishonored this tradition. It is too simple, I suggest, to assert that the Bush administration remade our justice system and betrayed American values. This Essay explores the ways in which our approach to the war …
What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning
What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
While scholars have written extensively about the victims’ rights movement in capital and criminal cases, there has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the best interests of the delinquent child, victims’ rights legislation now requires juvenile courts to balance the rehabilitative needs of the child with other competing interests such as accountability to the …
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The author examines how developments in international criminal law – including creation of the International Criminal Court and various hybrid tribunals – can have an impact on rule-of-law building efforts in post-conflict societies. Although trials of atrocity perpetrators primarily and appropriately focus on fairly trying the accused individuals, these processes also have a wider impact on public perceptions of justice and potentially can influence a society’s ability to embrace rule of law norms. The quality of outreach and capacity-building accompanying these trials may well have a decisive effect on whether these proceedings, on balance, strengthen or undermine public confidence in …
The Victim-Informed Prosecution Project: A Quasi-Experimental Test Of A Collaborative Model For Cases Of Intimate Partner Violence, Lauren Bennett Cattaneo, Lisa A. Goodman, Deborah Epstein, Laurie S. Kohn, Holly A. Zanville
The Victim-Informed Prosecution Project: A Quasi-Experimental Test Of A Collaborative Model For Cases Of Intimate Partner Violence, Lauren Bennett Cattaneo, Lisa A. Goodman, Deborah Epstein, Laurie S. Kohn, Holly A. Zanville
Georgetown Law Faculty Publications and Other Works
The Victim-Informed Prosecution Project (VIP) was designed to amplify the voice of the victim in the prosecution of a battering current or ex-partner through collaboration between the prosecution and victim-centered agencies. This article describes the rationale for and design and implementation of VIP and then explores whether it increased perceived voice. While some VIP services (advocacy and civil protection order representation) were associated with increased perceived voice, the program as a whole was associated with it only in the context of greater contact with prosecutors, when cases were more likely to be felonies. The authors make specific recommendations for applying …
The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett
The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Some drugs make people feel good. That is why some people use them. Some of these drugs are alleged to have side effects so destructive that many advise against their use. The same may be said about statutes that attempt to prohibit the manufacture, sale, and use of drugs. Advocating drug prohibition makes some people feel good because they think they are “doing something” about what they believe to be a serious social problem. Others who support these laws are not so altruistically motivated. Employees of law enforcement bureaus and academics who receive government grants to study drug use, for …
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Recent mass shootings on college campuses have focused many on the responsibilities of colleges and universities to prevent and respond to such violence. However, in statistical terms, this type of campus violence can thankfully be considered relatively extraordinary. In contrast, the only type of campus violence that is unfortunately common enough to be characterized as “ordinary” is peer sexual assault and similar forms of campus gender-based violence. Accordingly, this essay explores the scope and dynamics of both “ordinary” and “extraordinary” campus violence, discusses the law and “best practices” dealing with peer sexual violence victims’ rights and the due process rights …